Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
Does Canada Need a New Uniform Arbitration Law?
Arbitration - An Alternative to Litigation for Dispute Resolution
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
Legal Fallout of an Armstrong Confession
Lance's Lawyer: Armstrong Didn't Betray Me
Lance's Lawyer: Armstrong Didn't Betray Me: Video
Lawyer: Madoff May Be One of My Clients' Better Investments
Gene Grabowski on American Airlines' Brand Challenges
Most will and trust disputes in Florida involve at least one mediation attempt – either by order of the trial court or agreement of the parties. Such mediations usually begin in the morning, and often do not wind-up until the...more
Which American president was the first to incorporate arbitration as a dispute resolution method in his will?
Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he...more
Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more
An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more
The Eleventh Circuit has “ironed out a wrinkle” in Alabama’s arbitration jurisprudence that seemed to find executors outside the scope of arbitration contracts signed by the decedent.
In Entrekin v. Internal Medicine...more
The Problem: Practitioners, and occasionally even some courts, will refer to assets as being “owned” by a trust, or will say that someone is “suing” the trust. This likely arises from the fact that proper designation often...more
Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more
Originally published in the Daily Journal - March 14, 2012.
Imagine this hypothetical situation: A mother dies, leaving her daughter 75 percent of her estate. Her son, who believed he was to receive 50 percent, contests...more
O objetivo deste estudo é demonstrar os pontos positivos e negativos na atuação das chamadas agências de classificação de risco, tanto nos EUA, bem como na Europa e no Brasil.
Methodology of organizing succession and managing the family estate and immaterial property with an proactive management of conflicts...more
In This Issue:
Russia Acts Quickly to Restore the Right for Employers to Register Foreign Nationals: the Visa Regime for Highly Skilled Foreign Professionals is Fleshed Out - p1
Mediation Framework Adopted in Russia -...more
A Q & A style short article about Elder and Probate Mediation....more
California courts have long wrestled with the question of whether a person's agreement to arbitration binds his or her heirs in a later wrongful death action arising out of his or her death. The California Supreme Court's...more
Is it Time for a Legal Check Up?
(Top 5 Legal Issues for Individuals and Businesses in 2010)
A window sticker reminds you to change the oil every three months or 3,000 miles. A call from the physician points out the need...more
Editor’s Synopsis: Nonjudicial dispute resolution procedures for trust and estate matters are increasingly popular to minimize the expense, complexity, and publicity of court procedures. This article addresses the nonjudicial...more
This is the PowerPoint for a presentation I have made to groups about the use of mediation and arbitration in Florida trust and probate disputes. My approach emphasizes the early, non-litigation approach, and discusses the...more
Working with the right attorney makes all the difference. Here are steps to consider in a very important decision....more